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Spriggs v. State8/28/2003
Wesley Eugene Spriggs, the appellant, entered an "Alford plea" [FN1] in the Circuit Court for Prince George's County to a charge of homicide while driving under the influence of alcohol. The court sentenced appellant to three years in the Prince George's County Detention Center with all but 18 months suspended in favor of three years probation. Appellant was given 165 days' credit against the unsuspended portion of his sentence for pre-trial incarceration at the county detention center.
FN1. North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162 (1970) (where, pursuant to a plea agreement, a defendant pleaded guilty to second-degree murder in order to avoid trial on a charge
of first-degree murder, which could have resulted in a death sentence). Under this plea a defendant does not admit guilt but recognizes that the state has enough evidence to convict.
Appellant applied for leave to appeal to this Court, and the case was transferred to the appeal docket. Appellant argues that the trial court erred by refusing to give him credit for time spent in privately-monitored home detention prior to trial. We find merit in this argument. Therefore, we shall vacate the appellant's sentence and shall remand the case to the trial court for re-sentencing in accordance with this opinion.
FACTS
Appellant's conviction stems from a traffic accident that occurred on July 4, 2000. Appellant reportedly ran a red light and struck an on-coming car. A passenger in that car, 73-year old Leola Battle, was killed.
Appellant remained at the scene until a police officer arrived and spoke briefly with the officer. He thereafter fled the scene on foot, however.
*64 Appellant was arrested on July 10, 2000, and was incarcerated at the Prince George's County Detention Center until September 13, 2000, when he was released pending a more complete investigation by the State. Appellant was rearrested and reincarcerated on November 6, 2000. At that time, bail was set at $25,000.00. The court subsequently reduced appellant's bail to $10,000.00 on the condition that appellant arrange for home detention with a private monitoring agency. On February 14, 2001, bail was met and appellant was released to home detention under the supervision of Monitoring Services, Inc.
Appellant remained in privately-monitored home detention through the date of his Alford plea on August 29, 2001, and until the date of his sentencing on October 12, 2001. He thus spent a total of 240 days in home detention.
The home monitoring contract was not offered into evidence at the sentence hearing. Appellant's counsel asserted, however:
Appellant was confined in his home with electronic monitoring. Under the terms of his release he was unable to leave his home at any time without obtaining permission from an official obligated to report to the Court anything that he does.
**74 Counsel indicated that appellant worked outside the home while in home detention and thus was able to support his family. The State did not dispute any of defense counsel's assertions regarding the conditions of appellant's home detention.
DISCUSSION
In accordance with § 6-218(b)(1) of the Criminal Procedure Article,
A defendant who is convicted and sentenced shall receive credit against a reduction of the term of a definite or life sentence, or the minimum and maximum terms of an indeterminate sentence, for all time spent in the custody of a *65 correctional facility, hospital, facility for persons with mental disorders, or other unit because of:
(i) the charge for which the sentence is imposed; or
(ii) the conduct on which the charge is based.
Md.Code (2001, 2002 Cum.Supp.), § 6-218(b)(1) of the Crim. Pro. Art. [FN2]
FN2. As part of the code revision process, § 6-218 of the
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